j-1 Married a USC

[Rhempz01 0]

I have some questions about my now wife she came to the US legally as a j-1, and the two year does not apply on her visa, we then married here in the US. So my question is can she stay here with me? She nor have any travel needs, but she too wants to work here, what is my next step? I-130? We dont need a waiver right?

[Little_My 464]

If she is not a subject to the 2 year home residency requirement rule (and you might have to prove this later on in the game), then yes, she can stay here and adjust her status - assuming that you are a US citizen (?).

You will file the I-130 and the I-485 together, along with a bunch of supportive documentation and other forms. She cannot leave the US until she has what's called an AP - Advance Parole document, for which you can apply at the same time when you send in your other AOS paperwork.

Start by reading the guide for concurrent filing of I-130 and I-485 here on VJ: http://www.visajourney.com/content/i130guide2

She needs to get a medical exam done, and she might need to obtain some documents from her home country. The fees associated with filing the forms will cost you about $1,500, plus the medical, vaccinations, copies, passport photos etc.

Once you've read the guide here on VJ, printed out the forms and read them and the instructions for each form, feel free to ask more questions if something is unclear.

Good luck!

Edited September 20, 2011 by Little_My

[Rhempz01 0]

Yes her passport states 2 year does not apply? My question is i haft to file the i-130 and i-385 together or seperatly? She wants to work, and needs a temp or conditional visa, how do we obtain this?

[Rhempz01 0]

How much time does she have before we must do this? We dont have the $ we need, we just kind of got married on the spot...

[Little_My 464]

Yes, you will file the I-130 and I-485 together, with all the supportive documentation. Read the guide here on VJ, it has a very detailed description of the overall process.

She can stay without adjusting status for as long as her current visa is valid - so until the J1 expires (or until the date written on her I-94 - they might be different, so check the I-94). However, she should not leave the country ebfore you have started the AOS process, as returning on a J1 visa now that she is married to a US citizen and plans to stay is not a good idea.

She is also bound by the J1 rules and regulations until you adjust her status to LPR, so all the restrictions she now has in regards to, for example, working in the US continue to apply. I would try to submit the AOS paperwork as soon as possible, because until then she is still a J1 and subject to restrictions of that particular visa.

[ceadsearc 516]

You can also file the 765 (EAD) concurrently with the other paperwork and in about 2-3 months she should get that approved and be able to work. When filed with the 130 and 485 that is free to file. Keep in mind if you do not meet the income guidelines (125% of the poverty level) you will need a co-sponsor.

[Rhempz01 0]

my question was beacuse she on her i-95 is suppossed to return on the 9-29-2011!! Can She stay until we ajust her status?

my question was beacuse she on her i-95 is suppossed to return on the 9-29-2011!! Can She stay until we ajust her status?

my question was beacuse she on her i-95 is suppossed to return on the 9-29-2011!! Can She stay until we ajust her status?

my question was her date for return is 9-24-2011. So she does not go home, they will not even get the forms by then

[Little_My 464]

Well.. let's see. I can't tell from your post whether her authorized stay ends on 09/29 or 09/24 - and the document on her passport is called I-94. But in any case, it doesn't really matter that much. She will be out of status after that date. Like I said, you should adjust her status as soon as possible - but overstay won't prevent her from becoming a permanent resident now that she is married to a US citizen, so it won't be the end of the world. Still, if you think it's unlikely you will have the money for AOS soon - within a month or two - the right thing to do would be for her to return to her home country, and you two to file for the CR-1 spousal visa instead of her overstaying her J-1. Since she is already here and you are married, I doubt you will take that route. Just keep in mind that though overstay does not prevent her from adjusting her status, it is still not a good situation to be in and you should AOS asap.

If you choose for her to stay here, she cannot leave the US and she should not be working until she has the correct documentation that allow her to do that (either a green card, or an EAD and AP if you file for AOS and apply for those as well). If she ends up overstaying (which she probably will), she should not leave the US at all until she has the actual green card in her hands.

Edited September 21, 2011 by Little_My

[Rhempz01 0]

can i file the i-130 now i have enough for that. then i-385 say in a few months? Like you said she is not going home she hates it and i would hate that as you know!!

she is not subject to the two year residency she has the entry document that staes it and signed by the us state dept.

[Little_My 464]

I'm not sure why you think I would know your wife hates her home country and does not want to go back..

It doesn't really make any sense to file the I-130 now and wait with the I-485. The I-130 only establishes she is eligible to apply for AOS - it's the I-485 that you use to apply for her to become a legal permanent resident. My suggestion continues to be the same: Try to get the money together as soon as possible and file all the forms. The sooner she gets her greencard, the sooner she can start working and earning income.

[Rhempz01 0]

Thanks for all your help it was well noted and appriecated:-)

[Pupsik 4]

file it all together. you will incur some extra expenses if some are filed separately. you must file the 765 in order for her to be able to work in the states.

dont worry about if she overstays her visa. that will be forgiven during the adjustment process. If she does overstay, she may have some problems with leaving the country and then trying to come back. If she plans to travel while adjusting, she needs to apply for advance parole before she overstays. All of this should be filed together